COURT POWERS

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The Industrial Court has express powers to act in accordance with equity, good conscience, and the merits of any case before it. Its mandate is to determine cases before it by making such orders or awards of compensation or damages as it considers to be fair and just. In exercising its powers, the Court must have regard for the interests of the community as a whole. Moreover, the Court must have regard for the Labour Code in particular and determine matters in accordance with the principles and practices of good industrial relations. The following provisions of section 10 (3) of the Industrial Court Act cannot be overemphasized:

“Notwithstanding anything in this Act or in any other rule of law to the contrary, the Court in the exercise of its powers shall—

(a)Make such order or award in relation to a dispute before it as it considers fair and just, having regard to the interests of the persons immediately concerned and the community as a whole;

(b)Act in accordance with equity, good conscience and the substantial merits of the case before it, having regard to the principles and practices of good industrial relations and, in particular, the Antigua and Barbuda Labour Code.”